A common situation is . The case was “successfully” lost, and the writ of execution was sent to the FSSP service. This is the final part of the bank foreclosure. The borrower has ten days to voluntarily pay the debt. If this does not happen, the debtor will face problems.

The defendant decided not to wait for the bailiffs at home, and came to the department on his own. It is necessary to understand what model of behavior to choose to negotiate in your favor.

To prevent the bailiff from seizing the property, payment must be made within five days from the date of notification of the initiation of enforcement proceedings. It is not necessary to pay the entire amount, a small contribution is enough.

How to behave at the reception?

Debtors rarely come to the BSC voluntarily. People are afraid and try to do everything to be forgotten. But this does not solve the problem.

Debts remain, with all the ensuing consequences:

• ban on registration actions;

If a person independently comes to the FSSP employees, then he has more opportunities to agree on an installment plan or cancellation of the departure. The bailiffs carry out the collection plan and if payment is received, they turn a blind eye to some things.

The actions of the bailiffs are challenged in court or with the help of.

The debtor agrees to pay the full amount

Come to the bailiff for an appointment and agree on payment terms:

1. Find out the full amount of the debt (you can see it on the FSSP website).
2. Ask for a receipt or print it from the website.
3. Pay at the bank.

After 7 working days, the money is credited to the account.

Debtors rarely pay their debt voluntarily, so this option is more the exception than the rule. Although, sometimes this happens.

1. Do not forget to write a statement that you agree with the debt and are ready to pay voluntarily. In this case, the bailiff will not come and seize the property.
2. After depositing the funds, notify the bailiff about paying the debt by phone or come to the appointment again.
3. Monitor the receipt of money into the FSSP account and the lifting of bans on movement and property registration.

A common option. The bailiffs reach an agreement with the debtor, this is convenient:

• the debtor came himself;
• The debt is slowly being paid off.

The debtor also benefits:

• no one will go to his home to seize his property;
• no one will send a writ of execution to work to withhold 50% of the salary. The debtor's business reputation will remain untouched.

1. Take your 2NDFL certificate with you to confirm your income.
2. If you have loans from other banks, take the agreements with you.
3. Indicate additional sources of income. This is done if you are determined to pay off the debt.

Talk to the bailiff and, taking into account your income, calculate the monthly payment. This is a normal move. People pay off debts this way. If FSSP employees see the payment, they will not bother you.

If in this way you are repaying a debt to an individual or legal creditors, then it is important to remember:

The plaintiff may request additional collection measures even if funds are regularly received as payment. The bailiff is obliged to obey and carry out a set of compulsory measures.

The defendant does not agree with the debt

We would like to immediately warn you that in this case it is better not to go to the bailiff. Take care of the property in advance and wait for them to come to you. There is no point in aggravating the situation. After all, if you have nothing to take, then in a year the enforcement proceedings will be closed due to the impossibility of collection.

If the amount of debt exceeds 1.5 million rubles from an individual, the bailiffs may initiate the initiation of a criminal case under Art. 177 of the Criminal Code of the Russian Federation. The debtor has the right to use.

Is it possible to pay off a debt in installments? This question worries many respondents. After reading Federal Law 229, it is clear that the debt must be paid in full. But there is a way out of the situation.

Article 37 of the law allows the debtor to go to court and obtain a deferred payment. During the deferment period, no enforcement actions are taken and restrictions are lifted.

In practice, this provision does not make sense to apply. Any bailiff is ready for negotiations. You will be given the opportunity to make partial monthly payments without any problems. The only condition is the adequacy of the amount. Therefore, calmly negotiate on the money that suits both parties.

1. Don't be afraid to negotiate if you have something to offer.
2. Fulfill the agreements reached.
3. Try to pay more than agreed upon.
4. Stay in touch.
5. If you are late with payment, notify the bailiff.

All these points will help to avoid seizure of property and a ban on registration of housing or car.

Due to their workload, FSSP employees are limited to seizing salary cards and banning travel. If enforcement proceedings were initiated a long time ago and they are not bothering you, then maybe there is no need to fuss? Why come on demand?

If there are no funds, let the situation go. There is nothing to pay; you most likely will not go on vacation abroad. The best tactic here is don’t touch and that’s okay. This way, you can gain a lot of time and improve your financial life. The main thing is to pay off the debt as soon as possible.

What happens if you don't pay for three years?

Three years are , this means that if during this period you are not sued in court on any matter, then the claims will no longer be accepted. The exception is a good reason for the plaintiff. For example, illness or military service.

But if you do not pay the debt within three years under enforcement proceedings, this does not mean anything. The debt will be closed only after full payment, even if it takes ten years.

Do not confuse the statute of limitations with the period of enforcement proceedings.

We pay without commission

You cannot pay debts without a commission. The exception is the possibility of paying the plaintiff directly by agreement. With minimal costs, you can close the debt through Sberbank or VTB.

All other types of payments, for example, through, are more expensive than everywhere else. This must be taken into account.

Do not forget about the execution fee and the deadline for crediting money to FSSP accounts (seven working days).

Bottom line

If you come to an appointment at the FSSP to talk, do it as friendly as possible. Don't be rude. A bailiff is a person who can make life very difficult. Although his actions are disputed. Or, on the contrary, it can help with debt repayment.

1. If the debt is fully repaid, the money will be credited to the account within seven working days. Don't forget to inform the bailiff about the payment.
2. Partial payment is possible only by agreement.
3. If you cannot or do not want to pay, do not aggravate the situation by visiting the SSP. It's better to leave everything as is.
4. Installment payment can be obtained by law through court proceedings.
5. Payment without commission is not possible, only directly to the lender by agreement.

In any case, whether you pay or not, BSC employees play an important role. But ultimately, this is just an obstacle to a debt-free life that can be intelligently bypassed or passed through by picking up the keys to a closed door.

If you have questions or require specialist advice, ask a question in the comments or contact the site’s duty lawyer. We will definitely answer and help.

Just never open the door to anyone, not even the bailiff. As a child, did your parents teach you not to open the door to strangers or aunts and not to let them into the house? It's the same here. Do not open the door to anyone - be it collectors or even bailiffs. You don’t even have to figure out who came there - just call the police if someone tries to break into your door and let them sort it out.

Of course, the bailiffs will almost threaten you with execution - that they will open a criminal case against you, you will face an administrative fine, they will break down your doors and many more scares - I will try to sort them out in a separate article. But what scares and worries you most is that they can break down the door. I'll tell you why they won't do it. Yes, because it is very difficult. Very.

ATTENTION!!! This article does not apply to those cases when the property has already been described and transferred for safekeeping, and when the bailiff executes the decision to move in the claimant and evict the debtor!

1. First, you need to obtain permission from the senior bailiff. And this, as a rule, is a serious guy who has colonel's shoulder straps and has been working for a long time. And just imagine how a bailiff, who changes every 3-6 months, because it’s a dog’s job, can convince a seasoned wolf to issue permission to open the doors of the premises? Namely, to convince, because the bailiff must be 150% sure that there is property of the debtor in this premises. And if you’re not sure and if you don’t prove it to your elders, you’ll never receive the paper. Because the senior in rank does not want to receive and lose his shoulder straps.
2. Secondly, even if the elder was convinced that there is definitely property of a loan defaulter, it is far from a fact that he will issue this permission to break into an ordinary apartment of the ordinary Vasya Pupkin, who is not a malicious evader. But if Vasily had defaulted on alimony or compensation payments for causing harm to health, that would be a different matter. And Vasya just doesn’t pay a couple of loans.
3. Thirdly, in order to break the door, the bailiff, who has the heroically obtained permission in his hands, is obliged to warn you twice, against signature, that he will break the door. What are these two warnings - 1) the bailiff is obliged to notify about the start of enforcement proceedings and 2) the bailiff is obliged to notify that he will arrive to inventory the property on the appointed date and time. This is done precisely so that there is no need to break the door. Therefore, you don’t have to sign anywhere, but check the amounts on the bailiffs’ website.
4. Fourthly, in order to break down the door you need to have all of the above and also the presence of the following people - a district police officer, employees of the Ministry of Emergency Situations and two witnesses.

If the bailiff came to the wrong address - that is, the debtor is not in this premises and he is not registered (when you managed to check out) - you don’t have to open it and don’t explain anything at all, except that Vasya Pupkin is not registered here (if you say “ does not live” - there will be misunderstanding, and if you say “not registered” - everything is clear and the bailiffs will leave).

In short, you don’t have to open the door to the bailiff and, without swearing, calmly explain that your children/mother/wife/brother is sleeping and now it’s simply inconvenient to let them into your home. In this way, you will be able to maintain a normal relationship with the bailiff, which will be useful to you later, but not for long because the bailiffs change often. You just don’t let them into the apartment and then the next day (or whatever is convenient for you) you go to the bailiff’s office for a visit.

You bring copies of documents for the property (sales receipts, warranty cards) - confirmation that it does not belong to you, a copy of the donation agreement, or a storage agreement, or a lease agreement, or you simply write an explanatory note (or the owner of the apartment) that your property is not there. You don’t have to do this if you don’t plan to negotiate with the bailiff on some future issues. And if after that you invite a bailiff to your place and can give them a description of a couple of unnecessary things, for example an old TV and a broken kettle, that would be great. They will be pleased and you won’t lose anything much. But this is when you have several loans and there will be new enforcement proceedings and you plan to maintain warm friendly relations with the bailiff.

This is how you can solve the problem of a bailiff seizing your property - you just need to know your rights and not let the bailiff into your home. So, when you have nothing to pay a loan, you look everywhere for information on how to protect your property from seizure and become more legally savvy. You see - everything is for the better. If the article was useful, share it with your friends using the magic buttons on the left.

Quite a few people have had to look into the office of the Federal Bailiff Service at least once in their lives. Some were overdue on their loans, some were blocked from traveling abroad for non-payment of alimony, and many were simply erroneously assessed an overdue fine by the traffic police. Many were rude, some were brought to tears. And in general, the reputation of this organization, due to the type of its activities, among the people, to put it mildly, is not very good.

About what kind of people work there, why they are so harsh and what they have to do, Reconomica I spoke with an employee of the FSSP. Try to look at the world through the eyes of a bailiff.

My name is Mikheeva Evgenia Yuryevna, I am now 27 years old, I work as a bailiff in a small town Krasnoznamensk Kaliningrad region. Now I have been working in this structure for a little over five years. The position in the bailiff service was my first serious job.

When I was a law student at the institute, I was full of hope and ambition. A young student, I was simply sure that if I studied diligently and showed myself in practice, then after graduation I would be in great demand. Imagine my surprise when, after receiving my diploma, no one offered me a job. An endless series of interviews and refusals began, which lasted several months. I gave up, the opportunity to get a job in my specialty slipped through my fingers.

But, as usually happens, the solution to the problems came on its own. My parents received a “chain letter” about non-payment of the traffic police fine, and we went to our department to show the payment receipt. This is a typical situation that probably happened to every second Russian driver.

City Bailiffs Department Krasnoznamensk I was very familiar with it. Especially his archive. After all, in my third year I did an internship there. I took the receipt and met a friend who, as it turned out, still worked in the department. We chatted a little and she told me about the open position. My delight knew no bounds. I didn’t delay, the next day I went to the Office of the Federal Bailiff Service for the Kaliningrad Region.

Checks of applicants for employment. Who is hired as a bailiff and how is it checked?

The building impressed me. At the entrance I was greeted by stern men in uniform; later I learned that these were bailiffs for ensuring the established order of court activities (OUPDS). They wrote down my passport details and sent them to the HR department. The HR department provided me with an impressive list of documents required for employment.

For a week I collected documents - mine and those of my closest relatives, and passed a medical examination. Having collected an impressive folder of documents, passed the commission and armed with several photographs of myself, I again went to the personnel department. There they told me about the requirements for a future bailiff and gave me a form to fill out. It turned out that getting a job at the FSSP is not so easy.

You can become a bailiff only from the age of 21; you must have Russian citizenship and completed higher legal or economic education. The future bailiff and his immediate relatives should not have a criminal record or debts to the state.

Having filled out a questionnaire about myself and my family, proving that I met all the requirements, I went to a psychologist to take tests. I finished the test and thought that this would be the end of my meetings with the personnel department. But I was wrong. As it turned out, my documents were sent for verification, and I myself was sent for a two-week internship.

What is the job of a bailiff?

Well, finally, I’ve waited, I can start working. I had a very vague idea of ​​what bailiffs do. After all, I, like most trainees, was not allowed to work as such. I was only familiar with the archive.

Now I needed to find out what exactly the job of a bailiff is. On the first day, I didn’t really understand this issue.

I was loaded with a pile of papers: federal laws, regulations and other regulations that I had to learn and apply in practice.

Having dealt with the laws, internal regulations and getting to know the employees, I finally revealed the secret of what I should do. As it turned out, the main task of the bailiff is to collect debts from citizens and organizations in various ways. In theory, this seemed like a very simple process to me.

After I learned all the necessary laws, I was put in front of a computer to learn how to work with a special program - a database. All debtors and information about them are entered into the program, in which part of the debt collection work takes place.

Working at the base was a dark forest for me. It turns out that all court decisions and resolutions of other bodies (the traffic police, for example) are entered into the database - they are registered, which at first will seem like a very complicated process. After registration, enforcement proceedings are initiated to collect a particular debt. Then work on this production begins.

How to successfully complete an internship

In general, throughout my internship I struggled with our debtor base. The internship ended, and I went back to my favorite HR department. At that time, my documents had already been fully checked, psychological tests were also successfully passed. Now I was awaiting testing on my knowledge of laws and regulations. I passed the test without any problems.

But this was not the end of the epic; now I was sent for approval. That is, I had to go through the heads of departments and answer their questions. And the last ones need to pass an interview with the chief bailiff of the region - the head of the department. What I experienced while going through the approval process cannot be expressed in words. But I did it. They signed a contract with me and hired me for a probationary period of six months. They issued a form and sent it to their home department.

Real work, or why FSSP employees are so nervous

Now I was a full-time employee. They gave me a mentor, an already experienced bailiff, so that I would not pester everyone with questions, and they showed me my desk in the office.

Paperwork

Well, my workdays have begun. Hooray!

I was not happy for long. Within half an hour there was a row of boxes on my table, densely packed with enforcement proceedings. It’s unclear what to do with them and how to disassemble them. There are more than two thousand of them. I was very confused.

I had to take apart everything that had fallen on me. First I organized the mess. I sorted everything into categories and started working. It was very difficult for me, I didn’t know much. At times, I didn't understand what I was doing. A flood of new information flooded into me. All day long I made requests, wrote off money from accounts, initiated and terminated enforcement proceedings. Routine and monotonous work drove me crazy.

Working with debtors and their types

I didn’t have to get bored at the computer for a long time. Work with debtors has begun. I needed to conduct conversations with people who come to the appointment. It was necessary to explain what exactly their debt was, how they could pay it (accept money, if necessary) and what would happen to them in case of non-payment. I didn’t think that simple conversations could exhaust such a sociable and energetic person like me. I had to explain the same thing several times.

The people you will encounter in the process if you go to work as a bailiff are very different. These are not always nice, polite people. Very often, these are retired grandmothers who do not understand what exactly they owe and think that you are trying to rob them. These are local drunks who smell bad and can get sick with scary things. These are private entrepreneurs and officials who are confident in permissiveness and impunity. These are single mothers who have nothing to pay their utility bills. You will encounter each of them. Someone will curse you, someone will cry. You need to be emotionally prepared for anything.

At the first reception of citizens, the worst-smelling outcasts seemed to me the most terrible. Exactly until the moment when a huge angry man burst into my office, with a furious look. He shouted very loudly and threatened me. I have never been so scared. An OUPDS employee, who is supposed to protect us in such cases, came running to his screams and took the rowdy out. I was shaking all over, I just sat and cried.

This was my baptism of fire. After that, I faced rudeness, open hatred and threats many times. Over time, I learned to react to all this correctly.

Outdoor events

Then visits to the debtors’ addresses began. And here, again, there is a psychological aspect. You see everything and encounter everything. Debtors are trying to escape and hide. They slam doors in your face, rush to fight, and poison dogs. You get to see with your own eyes how people live. You will have to face people who... Learn to communicate with brawlers.

What do the debtors themselves think about this?

From the editor: We will interrupt the heroine’s story for one paragraph. To look at the interaction between the bailiff and the debtor from a different angle, we interviewed people who had to go to see bailiffs.

I received a piece of paper saying that I had not paid some traffic fine. I just came by to ask. There, everyone who enters is looked at in advance as if they were a prisoner. That is, you are to blame for the fact that you got into the database, it doesn’t matter whether you were entered correctly or not. A very unpleasant place.

My son received an erroneous overdue fine from the camera in double amount, which he had already paid online. He also corresponded with Yandex-money - they’re getting kicked out by the traffic police, and he wrote to the traffic police portal - it doesn’t work at all, there’s zero response, and the phone number listed on the website is busy 24 hours a day - either it’s the only one for the whole region, single-channel, or it’s just there They hung up the phone once a couple of years ago to stop people from calling them.

In general, my son lives in another city, he asked me to go with printouts to the bailiffs to prove that he is not a camel. I sat in line for 3 hours on a working day - at least I’m a pensioner, and people work on weekdays, actually. They received me, checked my payment, and said, go ahead. I say that I served three hours, they say, at least give me a piece of paper that there are no complaints, you send all kinds of nonsense to honest people, then he will come again - sit in line again all day, prove it. They gave us a certificate that we were not camels, but with an appearance as if we were in a courthouse, and they proved guilt, and in front of them I bribed the judge with black cash.

And all this because of the chaos in their own base. It seems that this was done on purpose so that people would be discouraged from going there, they would spit and pay fines a second time. This is probably how the treasury is replenished.

Salary and working conditions in the FSSP

But you get used to everything. After the end of the probationary period, there is another test and approval. And if you cope, they give you a high rank. With the assignment of a class rank, you receive the first stars on your shoulder straps and a small increase in salary.

In his work, the bailiff often has to interact with employees from other departments: the prosecutor's office, the police, the tax office, the Pension Fund. Participate in court hearings. Sometimes - to prove the legality of their actions.

Working day from 9 am to 6 pm. But in practice, you constantly have to stay late and go to work on weekends and holidays. There is no need to expect additional payments for this.

The bailiff's salary is very modest. When I first got a job, I received about 12,000 rubles, a year later - about 14,000. I can’t count on a particularly large salary.

Today my salary does not reach 15,000 rubles in hand.

A quarterly bonus is provided, but not everyone receives it and not always.
Management sets standards, for failure to comply with which you can be punished: disciplinary action, deprivation of bonuses.

This job is very responsible. For violations, you can not only be deprived of bonuses or fired, but also be prosecuted.

To summarize, I want to say: working as a bailiff requires responsibility, determination, the ability to find contact with completely different people and dedication. If you are not ready to endure rudeness and threats for a small salary, or spend weekends and holidays at work, then this type of work is not for you.

Working in the bailiff service helped me acquire a lot of useful skills, become stronger, gain experience in court hearings, make a lot of useful contacts and gain work experience. By and large, this type of work is very suitable for a novice lawyer. It will allow him to acquire all the necessary skills. Now I am planning to move on and change jobs. But I am very grateful to my FSSP department for a wonderful start and irreplaceable experience.

The bailiffs, of course, will accept the sheet and initiate proceedings, but they will soon stop it; the debtor is declared bankrupt (for example, bankruptcy proceedings have been introduced). In this case, the execution of court decisions is carried out by an appointed arbitration manager, and you need to submit to him the creditor’s claims; the statute of limitations for execution of the judicial act has expired (3 years), and you do not have a court ruling to restore this period; your debtor is a budgetary organization or the budget or treasury of the Russian Federation.

And sometimes there is a writ of execution obliging you to perform actions (not to interfere, to release, etc.) - these are requirements of a non-property nature.

Or maybe the bailiff has a form that stipulates both property and non-property claims and not everything applies to you, just such a form.

As a general rule, each spouse is responsible for himself.

1. Send inquiries about whether the debtor has an extra apartment (the only housing cannot be taken away by law!) or a car.

Most likely, the debtor has already sold this property or transferred it to relatives or friends. 3. Theoretically, if measures to collect the debt do not produce results, the bailiff is obliged to visit the debtor’s last place of residence and personally make sure that the debtor does not have any valuables that can be collected.

There is enforcement proceedings

Then, after the court order is issued, it sends it to the debtor. You also had the right to object to the court order. It is worth assuming that on your part the objection to the court order was not submitted to the court within 10 days.

In this case, this court order entered into legal force, and, in accordance with Article 130 of the Code of Civil Procedure of the Russian Federation, was presented for execution to the FSSP.

Writ of execution for the debtor's work

Hello Dmitry.

One of the recovery measures is the sending of a writ of execution by FSSP employees to the debtor’s work. The basis for this is Federal Law 229.

Many will be interested in what exactly is written on this sheet, is the exact write-off amount indicated?

Should accountants notify management, since most people don’t want to involve their bosses in their problems?

what happens if there is nothing to pay according to the writ of execution?
The body that carries out enforcement actions against debtors is the FSSP - the federal bailiff service, operating on the basis of the Federal Law “On Enforcement Proceedings”.

Enforcement proceedings take place in practice according to a certain model in several stages: many believe that if there is nothing to pay under the writ of execution, then all debts are cancelled.

The model seems very simple and reassuring for the debtor who does not want to pay.

Should I go to the bailiff myself or wait for his visit?

going to the bailiff yourself is the easiest option. This is necessary so that the bailiff does not come to you and seize your property. You can ask the bailiff to repay the debt in installments.

talk to the bailiff and, taking into account your income, calculate the monthly payment with him. this is a completely normal move. many people pay off their debts this way.

if the bailiffs and the bank see that you all pay your debts on time, then no one will bother you.

If you need more detailed advice or assistance in this matter, please contact me by email. mail or call, contacts are listed below.

I'll be glad to help.

Dear Tatyana. First, find out with the bailiff what kind of arrest this is without enforcement proceedings. to do this, visit him and submit a written statement to him, to which he is obliged to respond in writing.

Depending on the answer, adjust your actions. It is possible that an appeal against his actions to the court or the prosecutor's office will not be necessary.

Good luck. my answer is your feedback.

I agree with my colleagues.

go to the bailiff and find out whether there is enforcement proceedings against you.

how not to pay bailiffs according to a court decision

The method works especially well if the claimant is an individual (that is, an ordinary person), but you can also try to negotiate with an organization.

in order to avoid being harassed by the bailiffs, the claimant must withdraw his application, because, in the end, you, as civilized people, can come to an agreement peacefully.

The main thing here is to find a common solution that suits both parties. show that you are already in debt, as if in silk, then your newly-made “debtor” must turn to the bailiffs, demanding to collect from you the amount of money due to him, or, as a conscientious citizen, you yourself can come forward.
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After a court decision is made, enforcement proceedings pass into the hands of bailiffs. It is for this reason that you need to know how to contact bailiffs and what documents should be provided in order for enforcement proceedings to be opened and the process of collecting funds to begin.

You need to contact the Federal Bailiff Service at your place of residence. You need to provide:

1. Passport;
2. Court order;
3. Copies of all documents that are considered accompanying the court order.

How to contact bailiffs correctly?

First of all, you need to find out exactly where the unit you need is located. There are specialized Internet resources where you can find the contact information you need. We recommend that you call immediately and clarify the opening hours, as well as the time for accepting documents regarding your question. Remember that bailiffs often refuse to give consultations over the phone, and you will have to visit them yourself to resolve any issues that arise.

During your visit to the bailiff, you need to find out all the issues related to the preparation of documents, and also clarify all the data regarding the opening of proceedings and subsequent debt collection.

It is best to make other requests to bailiffs in writing. That is, you write an appeal, and it must be in two copies, submit it to the secretariat, and your document must be assigned an entry number (after registration).

Features of contacting bailiffs

Remember that you can contact the bailiffs not only in case of debt collection, but also in the essence of its payment. That is, debtors also have the right to receive advice on issues of enforcement proceedings, they may be required to provide documents on the basis of which this proceeding was opened, etc. Bailiffs are required to provide data on the details for which the debt is paid, as well as data on the timing of voluntary payment.

If you do not have the opportunity to contact the bailiffs yourself, then you need to send a registered letter with notification. If you will be sending any documents, then you will additionally need to draw up a document about attachment to the letter.

After enforcement proceedings are opened, the case will be supervised by a certain official, to whom you can contact and send official requests, etc. You need to write down all the official’s data immediately in order to simplify the communication process in the future.

Remember that after registering your appeal, bailiffs are given 30 days to consider it. If, after this period, no reaction has occurred, then you can send a complaint about the bailiff’s inaction to higher management.

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